RFQ 242-24-00082 Electric 6 Passenger Low Speed Vehicle.pdf

COMMONWEALTH OF VIRGINIA

CHRISTOPHER NEWPORT UNIVERSITY

1 AVENUE OF THE ARTS

NEWPORT NEWS, VIRGINIA 23606-3072

REQUEST FOR QUOTATION

(UNSEALED)

RFQ # 242-24-00082-DH

ELECTRIC 6-PASSENGER LOW SPEED VEHICLE

DUE: Wednesday, May 1, 2024 AT 12:00 PM EST

Danielle Henley, VCCO, VCO, VCA Director of Procurement Services

(757) 594-7635 Email: Danielle.henley@cnu.edu

REQUEST FOR QUOTATION (RFQ)

Issue Date: April 18, 2024 RFQ# 242-24-00082-DH

Title: Electric 6-Passenger Low Speed Vehicle

Commodity Code: 07100,07153, 07177,07180, 51508, 92962

Issuing Agency: Commonwealth of Virginia Christopher Newport University 1 Avenue of the Arts Newport News, VA 23606-3072

Using Agency And/Or Location Christopher Newport University Where Work Will Be Performed: 1 Avenue of the Arts Newport News, VA 23606-3072

Quotes Will be Received Until: Wednesday, May 1, 2024 at 12:00 p.m.

For Furnishing the Services described herein.

All Inquiries for Information Should Be Directed to the Buyer Listed on the Cover Page. All inquiries must be received no later than Thursday, April 25, 2024 by 10:00 a.m.

In compliance with this unsealed Request for Quotation (RFQ) and all conditions imposed in this RFQ, the undersigned firm hereby offers and agrees to furnish all goods and services required by this RFQ at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and within any schedule attached hereto is true, correct, and complete.

* Virginia Contractor License No. * DSBSD-certified Small Business No.

Class: Specialty Codes:

Name And Address of Firm:

Date:

By:

(Signature In Ink)

Zip Code: Name:

eVA Vendor ID or DUNS #: (Please Print) Fax Number: ( ) Title:

E-mail Address: Telephone Number: ( )

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2- 4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that request.

TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND………………………………………………………………………………………………………………………….3

III. SCOPE OF WORK/SPECIFICATIONS

IV. GENERAL TERMS & CONDITIONS

V. SPECIAL TERMS AND CONDITIONS

VI. METHOD OF PAYMENT

VII. ATTACHMENTS……………………………………………………………………………………………………………………………..15

I. PURPOSE

The purpose of this Request for Quotation (RFQ) is to solicit quotes from qualified vendors to provide Christopher Newport University with two (2) electric 6-passenger forward-facing low speed vehicles to transport mobility challenged patrons.

II. BACKGROUND

A four-year public university in Newport News, Virginia, Christopher Newport University (hereinafter referred to as “CNU” or “the University”) enrolls approximately 5,000 students in rigorous academic programs in the liberal arts and sciences through the College of Arts and Humanities, the College of Natural and Behavioral Sciences, the College of Social Sciences, and the Luter School of Business. CNU offers great teaching and small class sizes with an emphasis on leadership, civic engagement and honor.

For more information about CNU, visit www.cnu.edu.

III. SCOPE OF WORK/SPECIFICATIONS

A. SCOPE OF WORK

1. Furnish two (2) New 2024 Electric 6-Passenger Forward-Facing Low Speed Vehicles (LSV)

2. Nationwide parts and service warranty. All warranty documentation for all equipment provided as a result of this RFQ shall accompany the quote/bid response.

3. Furnish one (1) OEM Diagnostic Computer

B. SPECIFICATIONS: Vendor to provide two (2) Electric 6-Passenger Forward-Facing Low Speed Vehicles (LSV) with the following specifications:

Moto Electric Electro Bubble Buddy LSV 6-Passenger Forward Facing or Equivalent per federal and state laws Ground Clearance – 5 in (No suspension lift or large tires) Motor Power Rating – 5.3 kW Battery Type/Range – up to 50 miles operating range on full charge Top Speed – Max 25 mph Braking – Front and Rear Hydraulic System Onboard Charging Unit (Not separate from vehicle) Voltmeter Steel Framework Vehicle Length – 12.3ft Exterior color – white; Interior color – Black or Gray Turn Signals Head, Tail and Brake Lights Left, Right and Rearview Mirrors Horn Wheels – minimum 10 in tires, DOT approved with tread type for long life on hard surfaces Flooring – Non-Slip surface

Reverse/Backup Alarm Front Windshield - AS1 DOT Approved and Toughened Glass with Windshield Wiper Emergency Cut-off Switch 2 sets of ignition key DOT approved 3-point shoulder harnesses for each passenger Add-On (to be priced separately for ordering options)

i. MotoEV OEM Diagnostic Computer or Equivalent – must have the ability to set end users speed and acceleration rate.

C. SERVICE: The Bidder shall have an agent or representative available to coordinator delivery and/or resolve any matters pertaining to the order.

Please fill in the following information about your agent or representative.

Name

Address

Telephone

Cell

Email

D. DELIVERY: Vehicle(s) shall be delivered to the Ferguson Center of the Arts (FCA), 1 Avenue of the Arts, Newport News, VA 23606, ATTN: Paul Fitzgerald – Director of Operations & Finance. Contractor must call FCA twenty-four (24) hours prior to delivery to confirm/schedule a delivery appointment. Do not delivery any vehicle without scheduling an appointment first. Contacts are: Paul Fitzgerald at 757- 594-8456 or Cristi Hart at 757-594-7448.

The FCA will provide delivery, performance, inspection and acceptance.

Vehicle(s) must be clean inside and out before delivery.

E. PRICING SCHEDULE: The successful bidder shall furnish all material, labor, equipment, transportation and incidentals in accordance with the conditions of the quote and specifications:

Item Description Quantity Unit Price Extended Price

1. NEW 2024 Electric 6-Passenger Low Speed Vehicle (in accordance with specifications outlined in page 3-4)

2 $ $

2. New Current Model OEM Diagnostic Computer

(OPTIONAL ADD-ON)

Grand Total

Please state delivery time (ARO) __________________________________________________

Prompt Payment Discount

(*CASH DISCOUNT FOR PROMPT PAYMENT ____% ____ DAYS/NET ____ DAYS)

F. Quote Preparation:

1. Questions and Addenda: Bidders shall carefully examine this Request for Quotation and any addenda. Bidders are responsible for seeking clarifications, in writing, of any ambiguity, conflict, omission, or other errors in the RFQ. Questions should be addressed to the Buyer listed on the Cover Page. If the answer materially affects the RFQ, the information will be incorporated into an addendum and posted on www.eva.virginia.gov. This RFQ and any Addenda shall be incorporated, by reference, into any resulting contract. Bidder is responsible for checking the eVA web site or contacting the Issuing Office within 48 hours prior to the bid closing to secure any Addenda issues as part of this RFQ.

2. The deadline for submitting questions under this RFQ is 10:00 AM EST, April 25, 2024. Oral comments and/or instructions do not form a part of this RFQ. All questions MUST be in the form of an email to Buyer listed on the Cover Page. Verbal questions shall not be allowed.

3. Interested suppliers are asked to provide the following: 1. Responses to this RFQ must be received no later than 12:00 PM EST, May 1, 2024. Response must include the requested information as outlined in the scope of work and pricing. Please submit electronic responses via email at Danielle.henley@cnu.edu. Christopher Newport University may elect not to review any responses received after this date and time. Preferred formats: MS Word or PDF.

IV. GENERAL TERMS AND CONDITIONS

This solicitation and any resulting contract is subject to the provisions of the Commonwealth of Virginia’s Purchasing Manual for Institutions of Higher Education and Their Vendors and any revisions hereto, and the Rules Governing Procurement of Goods, Services, Insurance and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia (Subchapter 3 of the Restructured Higher Education Financial and Administrative Operations Act) (hereafter referred to as “Governing Rules”), which are hereby incorporated into this contract in their entirety. The manual may be accessed electronically at https://vascupp.org.

ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the University will publicly post such notice on the Commonwealth of Virginia’s eVA eProcurement platform (www.eva.virginia.gov) for a minimum of 10 days.

ANTI-DISCRIMINATION: By submitting their bids/proposals, bidders/offerors certify to University that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans With Disabilities Act and §9 and §10 of the Governing Rules. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Governing Rules, §36).

In every contract over $10,000, the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the University all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the University under said contract.

APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The University and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Governing Rules §56). The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the University.

AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the University shall be bound hereunder only to the extent that the legislature has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

BID/PROPOSAL PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The University may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the University of the adjustment to be sought, and before proceeding to comply with the notice, shall await the University's written decision affirming, modifying, or revoking the prior written notice. If the University decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the University a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the University’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the University with all vouchers and records of expenses incurred and savings realized. The University shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the University within thirty (30) days from the date of receipt of the written order from the University. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the Contractual Dispute provision of Governing Rules § 53. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the University or with the performance of the contract generally.

CONTRACTOR CONDUCT: Contractor shall at all times operate in compliance with federal law, the laws and regulations of the Commonwealth of Virginia, and the policies of the University, including those that relate to access and use of the University’s facilities and information technology resources and data.

The University may require, at its sole discretion, the removal and replacement of any individual who the University reasonably believes to have violated any laws or policy of the University.

CLARIFICATION OF TERMS: If any prospective offeror has questions about the specifications or other solicitation documents, the prospective offeror should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

DEBARMENT STATUS: By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred or otherwise declared ineligible by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred or otherwise declared ineligible.

DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the University, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the University may have.

DRUG-FREE WORKPLACE: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

ETHICS IN PUBLIC CONTRACTING: By submitting their bids/proposals, bidders/offerors certify that their bids or proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth of Virginia. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the Commonwealth of Virginia shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders/offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.

(ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

For orders issued prior to July 1, 2014, the vendor transaction fees can be found at www.eVA.virginia.gov.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

E-VERIFY PROGRAM: Any contractor with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with the University to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to any awarded contract.

IMMIGRATION REFORM AND CONTROL ACT OF 1986: By entering into a written contract with the University, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services to the University, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with Governing Rules § 25.C and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the University of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial

General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The University shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the

University is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

Profession/Service Limits Accounting $1,000,000 per occurrence, $3,000,000 aggregate Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement $1,000,000 per occurrence, $3,000,000 aggregate

Contractors Health Care Practitioner (to include Dentists, Licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.) Code of Virginia § 8.01-581.15 https://law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS:

Failure to submit a bid on the official state form provided for that purpose may be a cause for rejection of the bid.

Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the bid; however, the University reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid.

NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the University shall notify the contractor, in writing, as to those charges that it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve the University of its prompt payment obligations with respect to those charges which are not in dispute (Governing Rules § 53).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the University, a contractor awarded a contract under this solicitation is hereby obligated:

i. To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

ii. To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month

(unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the University, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the University.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The University encourages contractors and subcontractors to accept electronic and credit card payments.

PRECEDENCE OF TERMS: These General Terms and Conditions and the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors and Governing Rules shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

QUALIFICATIONS OF BIDDERS/OFFERORS: The University may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder/offeror to perform the services/furnish the goods and the offeror shall furnish to the University all such information and data for this purpose as may be requested. The University reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The University further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the University that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

TAXES: Sales to the Commonwealth of Virginia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The University’s excise tax exemption registration number is 10-540701501F-001.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

TESTING AND INSPECTION: The University reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

TRANSPORTATION AND PACKAGING: By submitting their bids/proposals, all bidders/proposals certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders/offerors to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder/offeror is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the University to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder/offeror clearly indicates in its bid/proposal that the product offered is an equivalent product, such bid/proposal will be considered to offer the brand name product referenced in the solicitation.

V. SPECIAL TERMS AND CONDITIONS

AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

CANCELLATION OF CONTRACT: The University reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

DELIVERY NOTIFICATION: The University shall be notified 24 hours prior to delivery of any items so that personnel may be available to allow access to the building and verify items received. Notification shall be made to : Paul Fitzgerald 757-594-8456 and/or Cristi Hart at 757-594-7448

NEW EQUIPMENT: Unless otherwise expressly stated in this request for quotation, any equipment furnished shall be new, unused equipment.

STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, an offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its proposal the identification number issued to it by the State Corporation Commission (SCC). Any offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its proposal a statement describing why the offeror is not required to be so authorized.

Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

WARRANTY (COMMERCIAL): The contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the Commonwealth by any other clause of this solicitation and rights and remedies permitted under applicable law. A copy of this warranty should be furnished with the bid/proposal.

VI. METHOD OF PAYMENT

Invoices shall be submitted directly to the University Business Office:

Christopher Newport University Attn: Accounts Payable 1 Avenue of the Arts Newport News, VA 23606-3072.

apinvoices@cnu.edu

The University will remit payment within thirty (30) days from receipt of each invoice.

VII. ATTACHMENTS

Attachment A: CONFLICT OF INTEREST STATEMENT

Attachment B: VENDOR DATA SHEET

Attachment C: STATE CORPORATION COMMISSION FORM

ATTACHMENT A

CONFLICT OF INTEREST STATEMENT

This form must be returned with response to solicitation

Notice to offeror: ensure that the solicitation is thoroughly read and completed. Complete, sign, and return the information requested below with your bid.

NAME:

ADDRESS:

CITY/STATE:

TELEPHONE NUMBER:

FAX NUMBER:

FEDERAL IDENTIFICATION NUMBER (FIN):

DUNS NUMBER:

THE ABOVE FIRM IS A: (CHECK AS APPLICABLE) ( ) SMALL

BUSINESS

( ) INDIVIDUAL BUSINESS

( ) WOMAN-OWNED BUSINESS ( )

SOLE PROPRIETORSHIP

( ) MINORITY-OWNED BUSINESS ( )

PARTNERSHIP

( ) SHELTERED WORKSHOP ( )

CORPORATION

( ) FAITH BASED ORGANIZATION

RELATIONSHIP WITH THE COMMONWEALTH OF VIRGINIA:

IS ANY MEMBER OF THE FIRM AN EMPLOYEE OF THE COMMONWEALTH OF VIRGINIA WHO HAS A PERSONAL INTEREST IN THIS

CONTRACT PURSUANT TO THE CODE OF VIRGINIA, SECTION 2.1-639.1 -639.24?

( ) YES ( ) NO

IF YES, PLEASE EXPLAIN:

OFFEROR SIGNATURE DATE

NAME OF FIRM BY

DATE TITLE

ATTACHMENT B

VENDOR DATA SHEET

This form must be returned with response to solicitation

Note: The following information is required as part of your response to this solicitation.

1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements.

2. Vendor’s Primary Contact:

Name: Phone: Email:

3. Years in Business: Indicate the length of time you have been in business providing this type of good or service:

Years Months

4. Vendor Information:

eVA Vendor ID or DUNS Number:

5. Indicate below a listing of at least four (4) current or recent accounts, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods. Include the length of service and the name, address, and telephone number of the point of contact.

A. Company: Contact: EMAIL:

Phone :( ) Fax: ( )

Project: Dates of Service: $

Value:

B. Company Contact: EMAIL:

Phone :( ) Fax: ( )

Project:

Dates of Service: $ Value:

C. Company: Contact: EMAIL:

Phone :( ) Fax :( )

D. Company: Contact: EMAIL:

Phone :( ) Fax :( )

I certify the accuracy of this information.

Signed: Title: Date:

ATTACHMENT C

STATE CORPORATION COMMISSION FORM

This form must be returned with response to solicitation

Virginia State Corporation Commission (SCC) registration information. The offeror:

is a corporation or other business entity with the following SCC identification number: -OR-is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from offeror’s out-of-state location) -OR-is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):